Digital Commons Network^™

In The Zone: Work At The Intersection Of Trade And Migration, Jennifer Gordon

Faculty Scholarship

Trade and immigration are generally described as separate dimensions of globalization. This Article challenges that story by focusing on settings where states and private actors are bringing the two together to achieve disparate economic and policy goals. In one set of cases analyzed here, governments in the Global South are seeking to increase trade through the use of migrant labor, attracting transnational firms to export manufacturing zones by importing lower-cost workers from other countries. In the other, policymakers in the Global North are seeking to decrease immigration through the use of trade by investing in export processing zones in migrant …

Can Continuing Legal Education Pass The Test? Empirical Lessons From The Medical World., Rima Sirota

Georgetown Law Faculty Publications and Other Works

Mandatory continuing legal education (CLE) takes millions of hours and hundreds of millions of dollars from American lawyers every year, with the burden landing in disproportionate fashion on new lawyers, public interest lawyers, and solo practitioners. CLE proponents insist that the system protects the public by maintaining lawyer competence. In the forty-five years since the first jurisdictions began requiring CLE, no evidence has emerged in support of this claim.

This Article argues that mandatory CLE is indefensible in its current state. Either the legal profession and the CLE industry must commit to study and change, or it is time to …

Audiovisual Metadata Platform Pilot Development (Amppd), Final Project Report, Jon W. Dunn, Ying Feng, Juliet L. Hardesty, Brian Wheeler, Maria Whitaker, Thomas Whittaker, Shawn Averkamp, Bertram Lyons, Amy Rudersdorf, Tanya Clement, Liz Fischer

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the experience and findings of the Audiovisual Metadata Platform Pilot Development (AMPPD) project, which has worked to enable more efficient generation of metadata to support discovery and use of digitized and born-digital audio and moving image collections. The AMPPD project was carried out by partners Indiana University Libraries, AVP, University of Texas at Austin, and New York Public Library between 2018-2021.

The Doomed Constitutional Case Against Exclusive Representation, Michael M. Oswalt

College of Law Faculty Publications

When the Supreme Court decided Janus v. American Federation of State, County, and Municipal Employees (AFSCME) in 2018, the decision not only made it unconstitutional for public sector unions to require “fair share fees” for negotiating contracts and defending workers, it also set off a litigation landslide. Literally hundreds of cases have waded through the courts urging various theoretical extensions of Janus that—boiled down—seek to starve unions and their members of even more funding

Burnout Doesn't Frighten Me, Meredith A.G. Stange

College of Law Faculty Publications

This past semester we all taught during an unprecedented worst-case scenario, moving our courses online at the literal drop of a hat. Although I know my experience is not unique, from March to the end of the semester in May, I felt like I was just treading water. I realized that feeling unsure of myself, feeling disconnected from my students, and feeling like I was just treading water really was not me. In fact, I had not felt this way in the classroom since my first few years of teaching. Those were days I did not want to revisit because, …

An Analysis Of Use And Performance Data Aggregated From 35 Institutional Repositories, Kenning Arlitsch, Jonathan Wheeler, Minh Thi Ngoc Pham, Nikolaus Nova Parulian

Copyright, Fair Use, Scholarly Communication, etc.

Purpose – This study demonstrates that aggregated data from the Repository Analytics and Metrics Portal (RAMP) have significant potential to analyze visibility and use of institutional repositories (IR) as well as potential factors affecting their use, including repository size, platform, content, device and global location. The RAMP dataset is unique and public.

Design/methodology/approach – The webometrics methodology was followed to aggregate and analyze use and performance data from 35 institutional repositories in seven countries that were registered with the RAMP for a five-month period in 2019. The RAMP aggregates Google Search Console (GSC) data to show IR items that surfaced …

Final Report Of The Durham Statement Review Task Force, Durham Statement Review Task Force

Faculty Scholarship

No abstract provided.

Trademarks As Surveillance Transparency, Amanda Levendowski

Georgetown Law Faculty Publications and Other Works

We know very little about the technologies that watch us. From cell site simulators to predictive policing algorithms, the lack of transparency around surveillance technologies makes it difficult for the public to engage in meaningful oversight. Legal scholars have critiqued various corporate and law enforcement justifications for surveillance opacity, including contract and intellectual property law. But the public needs a free, public, and easily accessible source of information about corporate technologies that might be used to watch us. To date, the literature has overlooked a free, extensive, and easily accessible source of information about surveillance technologies hidden in plain sight: …

State Prisons Turning Into De Facto Mental Health Institutes: A Comparative Look At The Illinois And Nebraska State Prison Systems, Margaret Kramer

Northern Illinois Law Review Supplement

This Comment discusses the systems of approaching mental health in Nebraska and Illinois state prison systems. Starting with how prison systems became some of the largest de facto mental health institutes in the country after deinstitutionalization happened on a national scale. It will then provide the guidelines and regulations in place for both Nebraska and Illinois. This Comment will then discuss what regulations would be most beneficial and how some of these can help in continuing after an individual is released from prison.

Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 12, No. 1, Fall 2020, Northern Illinois University Law Review

Northern Illinois Law Review Supplement

No abstract provided.

Accessibility In Institutional Repositories, Laura Waugh, Colleen Lyon, Abigail Shelton, Kristi Park, William Hicks, Nerissa Lindsey

Copyright, Fair Use, Scholarly Communication, etc.

Purpose

Institutional repositories (IRs) are widely used for archiving, preserving, and disseminating scholarly works and making them available on the web. Much of the research and development in IRs has focused on platforms, workflows, and policies for adding content. In this study, the focus is to gauge practices to ensure accessibility of the digital content made available in IRs.

The purpose of this study is to:

1. Understand the current landscape of accessibility practices in institutional repositories in academic libraries.

2. Identify the average level of content accessibility implemented in institutional repositories in academic libraries.

For the purpose of this …

Voting Like A Duck: Reflecting On A Year Of Legal Writing Voting Rights, Meredith A.G. Stange

College of Law Faculty Publications

Over the years, in various legal writing forums, I have heard that legal writing professors should try to “look like ducks.” This means we should publish, teach doctrinal courses, and otherwise do everything we can to make ourselves look like the tenure-track, non-legal writing faculty. The theory is that the more we look like tenure-track faculty, the harder it will be to treat those of us who are not tenure track differently. This has always bothered me because it seems to minimize the work that legal writing professors do and makes it seem that in order to have value, we …

Academic Law Libraries And Scholarship: Communication, Publishing, And Ranking, Dana Neacsu, James Donovan

Law Faculty Scholarly Articles

The context in which academic libraries operate is fast evolving, and the current COVID pandemic has underscored the new demands on libraries to reinvent themselves and their scholarship role. The library’s role has always been focused on scholarly dissemination and preservation, more recently by archiving their faculty work on mirror sites known as academic repositories. Libraries connect scholarship and users by offering the space for users to come and use the archived knowledge. However, if historically their role was to collect and provide secure access to sources, that role is in the midst of radical transformations.

In our age of …

Academic Law Libraries And Scholarship: Communication, Publishing, And Ranking, Dana Neacsu, James Donovan

Law Faculty Publications

We argue that the increasing role of scholarly impact in determining a school’s status will provide a new opportunity for libraries to assume a critical institutional role behind its traditional support of scholarship and teaching. In practice, this increased role can evolve in a multitude of ways. Based on the data used here, a strong argument can be made in favor of each library taking charge of both their faculty scholarly impact and publication of its school’s journals. Based on the success story of Perma.cc, a good argument can be made in favor of creating a consortium supporting both these …

Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 11, No. 1, Fall 2019, Northern Illinois University Law Review

Northern Illinois Law Review Supplement

No abstract provided.

Bridging The Gap Between Immigration Detainment And Parental Rights: A Constitutional Consideration Of Migrant Children Separation, Kelsey Burge

Northern Illinois Law Review Supplement

Federal immigration law does not completely comport with state family law because some federal legislation, such as the Adoption and Safe Families Act (ASFA), requires states to initiate parental custody proceedings due to children being separated from their parents for a statutorily defined period, even when parents are detained in immigration centers with very uncertain timelines. Parental custody proceedings involve factors that each state has authority to enact evaluating parental fitness; however, the factors may be implicitly or explicitly biased toward migrant parents, resulting in migrant parental custody being terminated unfairly. While Trump's zero-tolerance policy enacted in 2018 sparked outrage …

Kennedy V. Bremerton School District: A Fumble The Supreme Court Needs To Recover, Emily C. Neely

Northern Illinois Law Review Supplement

Many people support one or the other: freedom of religion or freedom from religion. Current Supreme Court case law favors the protection of students' rights under the Establishment Clause. However, First Amendment free speech rights for public officials do not enjoy the same protection. Previous notes seek to affirm the constitutionality of restricting the speech of public officials in deference to the Establishment Clause. This Note differs from those, however, by acknowledging the prominent role that the Establishment Clause plays in protecting student rights, but also advocating for greater First Amendment protection for public officials.

Civil Penalties Against Public Companies In Sec Enforcement Actions: An Empirical Analysis, David Rosenfeld

College of Law Faculty Publications

Civil penalties have become an increasingly important part of the Securities and Exchange Commission’s (SEC) enforcement program. The SEC now routinely obtains large civil penalties in enforcement actions, regularly trumpets those penalties in press releases, and highlights the penalty amounts in its end-of-the-year statistics. Civil penalties are defended on the ground they are necessary to make unlawful conduct costly and painful, and thereby deter misconduct and promote adherence to lawful and ethical standards of behavior. But with respect to one category of cases, civil penalties have always been controversial: when civil penalties are assessed against public companies, the cost of …

Accelerating Scholarly Communication: The Transformative Role Of Preprints, Andrea Chiarelli, Rob Johnson, Emma Richens, Stephen Pinfield

Copyright, Fair Use, Scholarly Communication, etc.

Five take-away messages:

Early and fast dissemination, increased opportunities for feedback and openness are seen as the main benefits of preprints.

The main concerns over preprints are the lack of quality assurance, media potentially reporting inaccurate research and journals rejecting articles if a preprint has been posted.

Twitter has been playing a key enabling role in the current second wave of preprints and preprint servers. It also appears to be the main way researchers are exposed to preprints in the first place.

It is not clear who will be responsible for posting preprints in the long-term – researchers or publishers? …

Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig

Utah Law Faculty Scholarship

Worldwide, as wild-caught commercial fisheries plateau and human demands for protein increase, marine aquaculture is expanding. Much marine aquaculture is inherently adaptable to changing climatic and chemical conditions. Nevertheless, siting of marine aquaculture operations is subject to competing environmental, economic, and social demands upon and priorities for ocean space, while some forms of marine aquaculture can impose other externalities on marine systems, such as pollution from wastes (nutrients) and antibiotics, consumption of wild fish as food, and introduction of non-native or genetically modified species. As a result, governmental policy decisions to promote both marine aquaculture that can adapt to a …

Always Already Computational: Collections As Data: Final Report, Thomas Padilla, Laurie Allen, Hannah Frost, Sarah Potvin, Elizabeth Russey Roke, Stewart Varner

Copyright, Fair Use, Scholarly Communication, etc.

Scope Note

From 2016‑2018 Always Already Computational: Collections as Data documented, iterated on, and shared current and potential approaches to developing cultural heritage collections that support computationally‑driven research and teaching. With funding from the Institute of Museum and Library Services, Always Already Computational held two national forums, organized multiple workshops, shared project outcomes in disciplinary and professional conferences, and generated nearly a dozen deliverables meant to guide institutions as they consider development of collections as data.

This report documents the activities and impacts of the Always Already Computational project, delineates findings, and identifies areas for further inquiry.

Data Communities: A New Model For Supporting Stem Data Sharing [Issue Brief], Danielle Cooper, Rebecca Springer

Copyright, Fair Use, Scholarly Communication, etc.

Excerpt (page 5):

The Data Community

This issue brief focuses on understanding what makes scholars willing to share their data – and on applying that understanding strategically in order to improve and increase sharing going forward. We recognize that this is only one aspect of the work that is needed in this area. Numerous professional organizations (CODATA, DCC, FORCE11, GO FAIR, RDA, and RDAP, to name just a few), in addition to a panoply of smaller projects and working groups, are making significant strides in defining standards and best practices in important technical areas such as metadata creation, discoverability, machine …

Title Ix After 45 Years: Overlooked Disparities In The National Junior College Athletic Association And California Community College Athletic Association, Brittany A. Miller

Northern Illinois Law Review Supplement

Junior colleges, unlike colleges in the National Collegiate Athletic Association, have been neglected in the Title IX discussion on disparities in female athletics. Newly compiled data in this article reveals that women who participate in athletics in the National Junior College Association and the California Community College Athletic Association receive fewer athletic opportunities, less athletic expenses, and less athletically-related student aid than males do. Despite these glaring disparities, junior colleges have been absent from the Title IX discussion. However, this article sheds light on such disparities in hopes to compel change for female athletics at the junior college level. Further, …

Help Me, Help You: What You Should Know Before You Ask For Help, Meredith A.G. Stange

College of Law Faculty Publications

I got an email the other day from a student who was having some difficulty writing his arguments. The student wrote that he kept rewriting his arguments in response to my comments but that he still had not been able to get them written satisfactorily. I could tell the student was frustrated and I could also tell that, for the moment, at least, I was the target of that frustration. Essentially, the student was telling me that he had changed things in accordance with my comments, but I still was not happy. Having been teaching for fifteen years, the frustration …

Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 10, No. 2, Spring 2019., Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

Mapping The Scholarly Communication Landscape: 2019 Census, Katherine Skinner

Copyright, Fair Use, Scholarly Communication, etc.

This report documents the design, methods, results, and recommendations of the 2019 Census of Scholarly Communication Infrastructure Providers (SCIP), a Census produced by the “Mapping the Scholarly Communication Infrastructure” project team (Andrew W. Mellon Foundation; Middlebury College, 2018-19). The SCIP Census was created to document key components comprising the organizational, business, and technical apparatuses of a broad range of Scholarly Communication Resources (SCRs) – the tools, services, and systems that are instrumental to the publishing and distribution of the scholarly record. Using Community Cultivation – A Field Guide (Educopia, 2018) as a framework, we designed a Conceptual Model detailing the …

Harmonization And Interoperability Of Metadata Schemes Used At The National Autonomous University Of Mexico (Unam) Repositories: The Iibiunam Repository And / Y Armonización E Interoperabilidad De Los Esquemas De Metadatos Utilizados En Repositorios De La Universidad Nacional Autónoma De México (Unam): El Repositorio Iibi-Unam, Filiberto Felipe Martínez Arellano, Noel Perea Reyes, Dante Ortiz Ancona, Juan Miguel Palma Peña

Copyright, Fair Use, Scholarly Communication, etc.

English

As a result of the Open Access (OA) movement, it is undeniable that all over the world there are many completed and ongoing projects of institutional repositories (IR) as a new alternative for scientific communication. IR facilitate access to research outputs, i.e. articles, books, book chapters, theses and dissertations, among other publications. The creation of IR has been widely promoted in Mexico and Latin America. The Institute of Research on Library Science and Information [Instituto de Investigaciones Bibliotecológicas y de la Información, IIBI], as one of the 59 research institutes of the National Autonomous University of Mexico [Universidad Nacional …

A New Deal For Debtors: Providing Procedural Justice In Consumer Bankruptcy, Pamela Foohey

Articles by Maurer Faculty

Across the criminal and civil justice systems, research regarding procedural justice — feeling that one has a voice, is respected, and is before a neutral and even-handed adjudicator — shows that people’s positive perceptions of legal processes are fundamental to the legal system’s effectiveness and to the rule of law. About a million people file bankruptcy every year, making the consumer bankruptcy system the part of the federal court system with which people most often come into contact. Given the importance of bankruptcy to American families and the credit economy, there should exist a rich literature theorizing and investigating how …

Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 10, No. 1, Fall 2018., Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

Library Publishing Directory 2019, Library Publishing Coalition, Melanie Schlosser, Alexandra Hoff, Jessica Kirschner, Janet Swatscheno, Robert Browder, Tom Bielavitz

Copyright, Fair Use, Scholarly Communication, etc.

Contents: Introduction vii * Library Publishing Coalition Committees xi *

LIBRARIES IN THE UNITED STATES AND CANADA * Abilene Christian University * American Theological Library Association * Asbury Theological Seminary * Ball State University * Bates College * Boston College * Brigham Young University * Butler University * California State University, Northridge * Claremont Colleges Library * Colby College * Columbia University * Dartmouth College * Embry-Riddle Aeronautical University * Florida Atlantic University * Florida International University * Florida State University * George Mason University * Georgetown University * Georgia Gwinnett College * Grand Valley State University * Gustavus Adolphus …